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2025 Supreme(SC) 1294

B. R. GAVAI, K. VINOD CHANDRAN, N. V. ANJARIA
Kiran – Appellant
Versus
Rajkumar Jivraj Jain – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Amol Nirmalkumar Suryawanshi, Adv. Mr. Anant R. Devkatte, Adv. Ms. Damini Vishwakarma, Adv. Ms. Srishty Pandey, Adv. Mr. B Dhananjay, Adv. M/s Juristrust Law Offices, AOR
For the Respondent(s): Mr. Dilip Annasaheb Taur, AOR Mr. Amol Vishwasrao Deshmukh, Adv. Ms. Ira Mahajan, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The Supreme Court clarified that in cases involving arrest under the SC/ST Act, 1989, the protection under Section 438 of the Cr.P.C. (anticipatory bail) is not available. The legislature has explicitly taken away this benefit for offences under this Act, and Section 18 of the SC/ST Act creates a bar to applying Section 438 Cr.P.C. in such cases (!) (!) .

  2. The Court emphasized that the bar under Section 18 of the SC/ST Act is constitutional and aims to protect vulnerable communities from threats, intimidation, and obstruction in pursuing justice, particularly given the social context of these offences (!) (!) .

  3. While the bar is generally absolute, there is a limited exception where the offence under Section 3 of the SC/ST Act is not prima facie made out, or the allegations lack sufficient merit on the face of the FIR. In such cases, the Court may exercise discretion to grant anticipatory bail, based solely on the contents and allegations in the FIR, without delving into evidentiary details or conducting a mini-trial (!) (!) .

  4. The specific facts of the case involved allegations that the accused used casteist slurs, assaulted the complainant and his family with iron rods, threatened to burn their house, and committed acts that clearly established a caste nexus. The incident took place in a public place within view, which supports the prima facie case for offences under the SC/ST Act (!) (!) .

  5. The Court found that the High Court erred in granting anticipatory bail by overlooking the statutory bar imposed by Section 18 of the SC/ST Act. The order was deemed illegal and a jurisdictional error, leading to the cancellation of the anticipatory bail granted to the respondent (!) (!) .

  6. The Court clarified that the observations made in the judgment are of a prima facie nature, intended solely for the purpose of deciding the bail application. The trial shall proceed independently and on its own merits, uninfluenced by these observations (!) .

  7. The appeal was allowed, and the order granting anticipatory bail was set aside, reaffirming the principle that in offences under the SC/ST Act, anticipatory bail is generally not permissible unless the allegations are prima facie unfounded (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


JUDGMENT :

N.V. ANJARIA, J.

Leave granted.

1.1 With the consent of learned counsels for the parties and upon their joint request, the appeal was taken up for final hearing today.

2. By way of present appeal, what is called in question is judgment and order dated 29.04.2025 of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No.201 of 2025, whereby the High Court allowed the pre-arrest bail to respondent No.1 under Section 438 of the Code of Criminal Procedure, 1973, which was refused by the Additional Sessions Judge, Paranda.

3. FIR No.255/2024 came to be registered by the appellant-complainant with the Paranda Police Station, District Dharashiv on 26.11.2024 against accused-respondent No.1 herein and others in respect of alleged commission of offenses punishable under Sections 118 (1), 115(1), 189(2), 189(4), 190, 191(2), 191(3), 333, 324(4), 76, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(o), 3(1)(r), 3(1)(s), 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.1 The relevant and material part of the contents of the said FIR is extracted below.

    “Today on 25.11.2024 at around 11:00

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